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AllowedTenancy Tribunal·

Tenant Must Pay Rent Arrears or Face Immediate Termination

Case No. [2026] NZTT 5493835

📌 In brief

A tenant was ordered by the Tenancy Tribunal to pay $21,128 for past-due rent and must also make regular monthly payments or face immediate eviction under New Zealand's Residential Tenancies Act.

⚖️ Legal holding

A tenant must pay rent arrears and current rent to avoid tenancy termination under the Residential Tenancies Act 1986.

📖 What the law says

Residential Tenancies Act 1986 s.64

This rule states that if a tenancy has ended, the Tenancy Tribunal must generally issue an order giving possession of the property to the person who is entitled to it. It also clarifies that certain orders made by the Tribunal to end a tenancy automatically act as an order for the landlord to get possession of the property.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The Tenancy Tribunal granted a conditional termination order for rent arrears and filing fee.

📜 Headnote Official document

The Tenancy Tribunal granted a conditional termination order for the tenant to pay $21,128 in rent arrears and current rent. If payments are not made within two working days of due dates, the tenancy will terminate immediately.

📚 Full judgment Official document

OUTCOME: Allowed

__________________________________________________________________________________ 5493835 1

[2026] NZTT 5493835

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

CONSENT ORDER

1. [RESPONDENT] and [RESPONDENT] owe [COMPANY] As Agent For [RESPONDENT] $21,128.00 (“the debt”) being $21,100.00 for rent arrears and $28.00 for the application filing fee.

2. [RESPONDENT] and [RESPONDENT] must pay [COMPANY] As Agent For [COMPANY]:

a) $1400.00 on Friday 5 June 2026, Friday 12 June 2026, Friday 19 June 2026 and Friday 26 June 2026 as payment of current rent.

b) $21,128.00 on Tuesday 30 June 2026 as full payment of the debt in order 1.

3. Payments will be allocated in the following order: rent, rent arrears, and the filing fee.

4. If the tenant fails to pay rent and rent arrears within 2 working days of the due dates as specified in order 2:

a. The tenancy at [ADDRESS], [POSTCODE] will terminate and the landlord will have immediate possession of the premises.

b. The balance of the debt will be payable immediately.

5. If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

__________________________________________________________________________________ 5493835 2

Reasons:

1. Both parties attended the hearing.

2. The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

3. The parties agreed to the orders above as resolution of this matter.

4. Because the applicant has been successful in their application I have awarded the filing fee.

Should a conditional termination order be made?

5. Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

6. The applicant has provided records showing the amount owing. I am satisfied these records are correct.

7. I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.

8. The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

H [NAME] 05 June 2026

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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons:

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • Tenant pays outstanding rent and related fees to avoid eviction.
  • Tenant leaves premises clean and in good repair upon vacating.
  • Tenant is responsible for rent arrears and any damages as agreed in the tenancy agreement.
  • Proper notice given by landlord for entry inspection, tenant's unreasonable refusal justifies termination.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The tenant was ordered to pay $21,128 in rent arrears and current rent to avoid tenancy termination.

Who was involved?

A landlord and a tenant were involved in the dispute over unpaid rent.

How did the court decide, and why?

The Tribunal granted a conditional termination order because the tenant agreed to pay the debt within a specified period.

Which laws or rules were applied?

The Residential Tenancies Act 1986 was applied, specifically sections 54 and 64(4)(b).

What was the argument that mattered most?

The tenant's agreement to pay rent arrears and current rent prevented immediate termination of the tenancy.

Was the decision for or against the person who brought the case?

The decision was in favour of the landlord, as the tenant agreed to pay the debt.

What does this mean for someone in a similar situation?

A tenant must make regular payments and avoid arrears to prevent eviction under New Zealand law.

What evidence or documents mattered?

The landlord provided records showing the amount owing, which were accepted as correct by the Tribunal.

Can a decision like this be appealed?

Yes, both parties can appeal within 10 working days if they believe there was a substantial wrong or miscarriage of justice.

Is it worth getting a lawyer for a case like this?

It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.